NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11506 Definitions; S to Y.
(1) "Solid waste" means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. However, solid waste does not include the following:
(a) Human body waste.
(b) Medical waste.
(c) Organic waste generated in the production of livestock and poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a reuser of slag or slag products.
(g) Sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the department. Food processing residuals, precipitated calcium carbonate from sugar beet processing, wood ashes resulting solely from a source that burns only wood that is untreated and inert, lime from kraft pulping processes generated prior to bleaching, or aquatic plants may be applied on, or composted and applied on, farmland or forestland for an agricultural or silvicultural purpose, or used as animal feed, as appropriate, and such an application or use does not require a plan described in this subdivision or a permit or license under this part. In addition, source separated materials approved by the department for land application for agricultural and silvicultural purposes and compost produced from those materials may be applied to the land for agricultural and silvicultural purposes and such an application does not require a plan described in this subdivision or permit or license under this part. Land application authorized under this subdivision for an agricultural or silvicultural purpose, or use as animal feed as provided for in this subdivision shall be performed in a manner that prevents losses from runoff and leaching. Land application under this subdivision shall be at an agronomic rate consistent with generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(h) Materials approved for emergency disposal by the department.
(i) Source separated materials.
(j) Site separated material.
(k) Fly ash or any other ash produced from the combustion of coal, when used under any of the following circumstances:
(i) As a component of concrete, grout, mortar, or casting molds, if the fly ash has not more than 6% unburned carbon.
(ii) As a raw material in asphalt for road construction, if the fly ash has not more than 12% unburned carbon and passes Michigan test method for water asphalt preferential test, MTM 101, as set forth in the state transportation department's manual for the Michigan test methods (MTM's).
(iii) As aggregate, road, or building material that in ultimate use will be stabilized or bonded by cement, limes, or asphalt.
(iv) As a road base or construction fill that is covered with asphalt, concrete, or other material approved by the department and that is placed at least 4 feet above the seasonal groundwater table.
(v) As the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of the department. In evaluating the site, the department shall consider the physical and chemical properties of the ash, including, but not limited to, leachability, and the engineering of the depository, including, but not limited to, the compaction, control of surface water and groundwater that may threaten to infiltrate the site, and evidence that the depository is designed to prevent water percolation through the material.
(l) Soil that is washed or otherwise removed from sugar beets, has not more than 35% moisture content, and is registered as a soil amendment under part 85. Any testing required to become registered under part 85 is the responsibility of the generator.
(m) Soil that is relocated under section 20120c.
(n) Other wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a solid waste transporting unit.
(3) "Solid waste processing plant" means a tract of land, building, unit, or appurtenance of a building or unit or a combination of land, buildings, and units that is used or intended for use for the processing of solid waste or the separation of material for salvage or disposal, or both, but does not include a plant engaged primarily in the acquisition, processing, and shipment of ferrous or nonferrous metal scrap, or a plant engaged primarily in the acquisition, processing, and shipment of slag or slag products.
(4) "Solid waste transporting unit" means a container, which may be an integral part of a truck or other piece of equipment, used for the transportation of solid waste.
(5) "Solid waste transfer facility" means a tract of land, a building and any appurtenances, or a container, or any combination of land, buildings, or containers that is used or intended for use in the rehandling or storage of solid waste incidental to the transportation of the solid waste, but is not located at the site of generation or the site of disposal of the solid waste.
(6) "Source separated material" means glass, metal, wood, paper products, plastics, rubber, textiles, garbage, or any other material approved by the department that is separated at the source of generation for the purpose of conversion into raw materials or new products including, but not limited to, compost.
(7) "Type I public water supply", "type IIa public water supply", "type IIb public water supply", and "type III public water supply" mean those terms, respectively, as described in R 325.10502 of the Michigan administrative code.
(8) "Yard clippings" means leaves, grass clippings, vegetable or other garden debris, shrubbery, or brush or tree trimmings, less than 4 feet in length and 2 inches in diameter, that can be converted to compost humus. Yard clippings do not include stumps, agricultural wastes, animal waste, roots, sewage sludge, or garbage.
History: 1994, Act 451, Eff. Mar. 30, 1995
Am. 1995, Act 65, Imd. Eff. May 31, 1995
Am. 1996, Act 392, Imd. Eff. Oct. 3, 1996
Am. 1998, Act 466, Imd. Eff. Jan. 4, 1999
Am. 2007, Act 212, Eff. Mar. 26, 2008
Am. 2010, Act 345, Imd. Eff. Dec. 21, 2010
Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act
© 2009 Legislative Council, State of Michigan